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My ex husbands name is on my sons birth certificate but he is not the biological dad
My ex-husbands name is on my sons birth certificate but he is not the biological father how do I go about removing his name so that my husband can adopt him? My ex- has cut off all ties to this son. Thanks
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This will depend on where you live. He is legally the father of the child, even if not the bio father. Has paternity been challenged in court ? But since he is legally the father, he can sign over his rights to allow your new husband to adopt. You will need to consult an attorney in your area to see if he thinks that the bio father has any rights at this point and perhaps he needs to be contacted to sign over his rights also
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Any question on law needs to include your general locale as laws vary by area.
Assuming you were married when your son was born, your ex is the child's legal father. Is your husband the bio dad? In any case, it would probably be easier for your husband to adopt with your ex relinquishing his rights. |
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As others have sort of suggested, you are trying to put the cart before the horse. Do the adoption and the birth certificate change will follow. In most states, a birth certificate is amended after an adopiton is ordered.
And, frankly, I don't see any reason to add the complication about your ex not being the bio-father. He is legally the father and his consent to the adoption will do the trick. |
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